Montana § 2-3-102 Definitions

Montana Statutes

§ 2-3-102 — Definitions

Montana § 2-3-102

Title 2GOVERNMENT STRUCTURE AND ADMINISTRATION

Ch. 3PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS

Part 1Notice and Opportunity to Be Heard

This text of Montana § 2-3-102 (Definitions) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 2-3-102 (2026).

Text

2-3-102 . Definitions. As used in this part, the following definitions apply:

(1)"Agency" means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, make a decision on development applications, or enter into contracts except:

(a)the legislature and any branch, committee, or officer thereof;

(b)the judicial branches and any committee or officer thereof;

(c)the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or

(d)the state military establishment and agencies concerned with civil defense and recovery from hostile attack.

(2)"Agency action" means the whole or a part of the adoption of an agency rule, the issuance of a licens

Free access — add to your briefcase to read the full text and ask questions with AI

2-3-102 . Definitions. As used in this part, the following definitions apply:
(1) "Agency" means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, make a decision on development applications, or enter into contracts except:
(a) the legislature and any branch, committee, or officer thereof;
(b) the judicial branches and any committee or officer thereof;
(c) the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or
(d) the state military establishment and agencies concerned with civil defense and recovery from hostile attack.
(2) "Agency action" means the whole or a part of the adoption of an agency rule, the issuance of a license or order, the award of a contract, the approval of a development application, or the equivalent or denial of any of these.
(3) "Development application" means a formal request submitted to a local government entity to obtain approval for a development proposal pursuant to Title 76, chapter 25, part 3 or 4.
(4) "Rule" means any agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule but does not include:
(a) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public; or
(b) declaratory rulings as to the applicability of any statutory provision or of any rule.

Legislative History

En. 82-4227 by Sec. 2, Ch. 491, L. 1975; amd. Sec. 23, Ch. 285, L. 1977; amd. Sec. 1, Ch. 452, L. 1977; R.C.M. 1947, 82-4227(part); amd. Sec. 1, Ch. 243, L. 1979; amd. Sec. 1, Ch. 555, L. 2025.